Thursday, July 20, 2017
As an accomplished New Jersey Divorce Attorney, clients often ask me if they can change their divorce document. After the final judgement of divorce, the only way to change to the document is with a consent order. This means that you and your ex get along and can change something on the document together. You both signed the new paperwork and submit it to a judge to simply sign it and amend your judgement of divorce.
If you don’t have a consent order but you want to force a change to the matrimonial settlement agreement; you have to have what’s called a change of circumstances. This is when you get hurt or in a car crash and are no longer working to pay the alimony. You won’t have as much income, so you go to court and explain you are disabled, get paperwork to show it and then go and fight to lower the settlement.
There are often cases that deal with parents who have the custody rights of the child. This is when you go to court and you say, “Here’s the thing. My 6 year-old is now 12, and an accomplished soccer player. As a soccer player he or she wants to be on a traveling team that goes internationally. We have the wherewithal to send our child to do that, but that means it takes away from the other spouse’s time. Please give us an order that amends the initial judgment of divorce to let our child play in this arena.” The difference between now and when you got divorced would be a change of circumstances. The child has this new budding career as a soccer player.
Do you have any questions about changing your divorce agreement? Contact our experienced New Jersey Divorce Attorney for guidance.
This educational blog was brought to you by Chris Garibian, an experienced New Jersey Divorce Attorney.